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Illinois and Texas Cases Stemming from Lac-Megantic Derailment Transferred to Maine

The U.S. District Court for the District of Maine agreed last week to transfer Illinois and Texas cases related to the 2013 crude oil train derailment in Lac-Megantic, Quebec to the District of Maine pursuant to 28 U.S.C. 157(b)(5).  The transferred cases include personal injury tort and wrongful death cases pending in the U.S. District Court for the Northern District of Illinois and...

Negligence Limitations Period Not Triggered By Date of Explosion in Arkansas Nitric Acid Case

Following a 2012 explosion at a nitric acid plant in Arkansas, the owner of the plant brought suit against two subcontractors alleging that their negligence caused the explosion.  The subcontractors had performed their work in 2011.  Specifically, the owner alleged that the subcontractors “(1) failed to properly and thoroughly clean the interior of replacement oxygen piping...

Refinery To Be Designated as Potentially Responsible Third Party in Wrongful Death Action

After two workers were killed in a 2012 Texas refinery explosion while attempting to restart a boiler, their estates filed suit against the workers’ employer (Defendant A), which was a wholly-owned subsidiary of Defendant B, which in turn was a wholly-owned subsidiary of Defendant C.  Approximately 20 months after filing suit, and 55 days before trial, the plaintiffs filed a...

Tenth Circuit Affirms Dismissal of Pollution Case Against Energy Companies

The Tenth Circuit upheld a district court’s order dismissing a group of Oklahoma plaintiffs’ claims for strict liability, negligence, and negligence per se against several companies allegedly responsible for pollution stemming from the generation and disposal of coal-combustion waste and fluid waste from oil and gas drilling.  The plaintiffs alleged that “the...

Fifth Circuit Finds Two “Occurrences” In Rejecting Rig Owner’s Insurance Claim

On Tuesday, the Fifth Circuit affirmed a judgment for the insurers of a drilling rig that rejected a claim from the rig owner for approximately $17 million in losses.  Following a storm in February 2010, a jack-up drilling rig encountered severe weather and the rough seas caused the rig’s legs to become misaligned, which added to the rig’s difficulties caused by twenty...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

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